Metropolitan Life Ins. Co. v. Poole
Decision Date | 01 July 1941 |
Citation | 147 Fla. 686,3 So.2d 386 |
Parties | METROPOLITAN LIFE INS. CO. v. POOLE. |
Court | Florida Supreme Court |
Rehearing Denied July 31, 1941.
En Banc.
Certiorari to Circuit Court, Dade County; Ross Williams, Judge.
Shutts, Bowen, Simmons, Prevatt & Julian, L. S. Julian and L. S. Bonsteel, all of Miami, for petitioner.
Chappell & Brown, of Miami, for respondent.
On writ of certiorari to the Circuit Court in and for Dade County Florida, we review judgment affirming a judgment of the Civil Court of Record in and for Dade County, Florida, in favor of the plaintiff on an insurance policy.
In the court below there were fifteen assignments of error. The first assignment of error challenges the action of the Court in refusing defendant's request for an instructed verdict in favor of the defendant.
The second to ninth, inclusive, assignments of error challenged the propriety of the charges given by the court.
The tenth to fifteenth assignments of error were as follows:
'10. The Court erred in denying the defendant's motion for a new trial in that the Court erred as hereinabove set forth.
'11. The Court erred in denying the defendant's motion for a new trial in that the verdict is contrary to the weight of the evidence.
'12. The Court erred in denying defendant's motion for a new trial in that the verdict was wholly unsupported by the evidence.
'13. The Court erred in entering final judgment for the plaintiff in that the verdict is contrary to the weight of the evidence.
'14. The Court erred in entering final judgment for the plaintiff in that the verdict is wholly unsupported by the evidence.
The defense interposed by the insurance company was in effect that the insured had made false answers to questions contained in the application for the policy and set forth wherein such answers were false. The plaintiff interposed replications denying that such answers were made by the applicant for insurance and alleging that the answers were written in the application by the agent of the insurance company without the knowledge of the applicant and that the agent assumed to write such answers, relying upon his own information and without having been advised concerning the facts by the applicant.
The charges complained of were appropriate to the issues made by the pleadings and the evidence. The evidence was conflicting. It is not the province of this Court in reviewing a case on certiorari to go behind the judgment of the court below entered upon conflicting testimony. This case is ruled by our opinion and judgment in the case of New York Life Insurance Co. v. Kincaid, 122 Fla. 283, 165 So. 553, and cases there cited. See also Massachusetts Bonding & Ins. v. Williams, 123 Fla. 560, 167 So. 12.
In the Kincaid case [122 Fla. 283, 165 So. 557], we said:
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